The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-01-13

the ends OF justice subserved, by such q
/ system of jurisprudence. 1t seeLas g
J me that no civil case where the judgment
] rendered Is less than two hundred and
] Atty dollars, should be prosecuted by q
writ of err0r in the supreme court, IN
less 1t involves some public matter, or
important law question. Let the decis-
ions OF the district courts IN all such
cases be final, except in matters
affecting land, revenue, or the construc-
ton OF the constitution Of this state and
OF the United States; and in all these
cases give the district courts authority to
certify mp 10 the supreme court the law
questions IN dispute, without transmit
ting complete transcript.
Il will \ sobsbly be urged, a. an objec-
ton 70 tbs suggestion, That every ciLlzen
should have the right Of appealing to the
supreme court, no matter how small IL
the sum IN controversy; and that by thus
limiting the right OF appeal to Cases In
volVing more than $3.50, citizens OF Inn
tied means are disseminated against.
The truth Is however. that appeals 10 the
supreme court, IN cases involving smaller
sums than $3.50, are generally taken by
/ wealthy corporations and individuals, en-
| ploying lawyers ct stated annual salaries,
ana tor the purpose OF deterring cttizens
of limited means from bringing actions
against them. By tsking advantage Of
the laws proverbial delay. by increasing
the cost Of litigation, by sutjecting those
| who are seeking their just tights to in
Vulnerable vexatiOna, and by making their
expense exceed the amount in dispute, the
rich and the strong render the prosecution
of just claims mOckerY TO the poor and
/ the weak, because the amount awarded,
| when tiaal judgment Is at last obtained,
/ does not equal the expense of the contest
4 A.. g.
| sands OF cItIzens submit to wrong and
| suffer injustice to be done them, rather
| than resort to the courts for redress.
| The remedy have suggesttd TO correct
the manifest and manifold evils Of our
| judicial system may not be the best that
can be devised. But the necessity for af
fording relief to the supreme court, and
OF providing for prompt hearing and
| adjudication OF causes, aud less eXpen-
siVe and more equitable vindicstion of
| individual rights, is imperative. l COM
| mend this subject to your attention, and
earnestly hope that adequate remedies
| will be provided to remove the causes of
| just complaint have pointed out.
LAWS AND SUPREME COURT REPORTS.
Provision should be made for electro
| tipping the laws OF the state, and the su-
| preme court reports, as they are printed,
SO that new editions can be published to
| meet the demands of. the future. The
cost Of electrOty ping the Sc volumes would
| be small, and lis necessity is apparent.
| There ara no volumes Of the Kansas laws
now in charge of the state librarian, for
| sale. Even the edition ofthe session laws
| of 1885 was long ago exhausted. OF the
| supreme court reports, volumes one to
| twenty eight are out of print. Volumes
one TO seventeen have been printed by
| private dealers, to meet the demand for
| them. The sale of these laws and reports
| is a source of profit, not of expense, to the
| state, and there 10 always demand tor a
much larger number than is printed. OF
session laws, $500 volumes, and OF su-
preme court reports, 1000 volumes are
now published. The original edition OF
each should be increased. and provision
should be made for eiectrOtYping the VOL
| umes as Issued, so that the demands of
the future can be supplied.
Two years ago called the attention OF
the legislature to the necessity for an
| equitable division of the state into judi
cial districts. We have now twentv-four
district Judges, and if their labors were
| fairly apportioned, not one of them would
be overwhelmed, and all the legal BUSH
ness Of the state could be promptly and
fairly dispatched.
But as the judicial districts are now
formed, several Of the judges have album
! dant leisure, while others, holding courts
every month, are unable to keep their
dockets clear. A general rediStricting OF
the state would avoid the necessity
Of creating districts, and thus
prevent an increase of judi
cIsl expenditures. Such q redistrict-
ing is advisable for many other reasons
equally apparent and urgent.
OUR DIVORCE LAWS.
Grave com pleints are made, from many
sources, concerning our laws relating to
divorce. which, it is belived, establish
such grounds for separation as inevitably
tend to make the maaTige contract one
carelessly assumed because easily abro-
gated. At q single term of the dIstricl
court, in one county, fourteen divorce
cases, all brought within three months
ground tor these suits is abandonment
for one year." and, between parties who
for any cause desire TO obtain Q divorce
collusion upon this ground Is easy, and
, the necessary proof readily furnished. i
: is believed that citizens OF other states sre
taking advantage of this loose proVlslor
of our laws, and coming here for the sole
purpose at obtaining divorce. Our law
: on this SUBJECT should be amended. anC
this Objectionable provision reresled.
TIE ATTORNEY GENERALS OFFICE.
, During the last few years the duties de
! VOlved upon the attorney general hAvE
i been largely increased. The passage O
the prohibitory law has, it is fair TO say
. more than doubled the work of his Office
: Suits to set aside fraudulent school land
sales have been numerous and eXactlng
Many eases of importance to the state ar
being prosecuted in the United State
courts, a. that of the Pullman Car compa
: nv, to eDjoin the collection OF taxes 1eivfe'
on its cars, and that of the Educations
and Endowment Association vs. the Stat
! of Kansas. No provision has ever beer
l m of
necessary expenses attending such salts
q nor for the payment of such assistants 6
q the law directs the 6ttorney-general, Il
. certain cases, to appoint. Adequate ap
g preparations 90 meet expenses and cost
|. | would greatly facilitate the prosecution O
. state cases.
s THE STATE BOARD OF PARDoNE.
8 The state board of pardons has he'll
8 such meetings "a the law requires, hs
? carefully and patiently Investigated al
? applications made for the pardon OF laS
r breakers, and has submitted 70 me ful
8 and intelligent reports of its findings 1
each case with such recommendations a
i in the judgment of its members, the fact
e ascertained seemed 20 Justify. The legie
= lature IN pro7iding for such tribuna
. acted wisely. The exercieS Of the pardon
ing power by the executive, before th
creation of this board, was practicall
"a without responsibility. It was, therefore
too Gifted looken upon as an act of person
n al fsYer, and the friends, family or coun
sell of q convicted criminal imporEune
the governor for clemency, besing appeal
! on their affection, suffering, or Interes
q rather than on fair considerations OF jus
= tice and mercy. Ths value of the fnve
y tigations and advice of such tribunal 6
- the board Of pardoas cannot. therefor
~ be estimated too highly The oreseI
- board has discharged its duties viii
y painstaking carefullne6s, intelligence an
imparttalify. letting mercy wait on jul
"a tice, but bearing In mind the fact that,
some instances, the strict letter o
"A bond lie cruelty.
n OUR ELECTION LAWS.
IL Frequent compliments are made, IN q
Fe public press, concerning the loose msnn
BIT In which elections are conducts
III and iE must be evident
Be every impartial observer that our elecEic
g..